Frequently Asked Questions (FAQs)

[The information on this page was updated as of January 22, 2025]

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This summary is intended to give lay persons a basic overview of class actions and current legal proceedings. It is for informational purposes only and does not constitute specific legal advice. Nor is this summary intended to create, and receipt does not create, an attorney-client relationship. This website is intended for informational purposes only and does not purport to convey legal advice or create an attorney client relationship between any potential claimant and the firms maintaining this website.

Class Action Basics

Examples of class actions include claims by:

  1. consumers who lost their savings through a financial fraud scheme after being persuaded to deposit their savings into accounts that were far riskier than the bank disclosed;
  2. investors who lost their savings due to securities fraud committed by senior executives of a publicly traded company;
  3. employees subjected to a pattern or practice of racial, age, or gender discrimination by their corporate employer;
  4. home or business owners affected by an environmental disaster such as an oil spill;
  5. consumers who purchased the same defective product or who were deceived by the same false advertising or manipulative business practices;
  6. patients prescribed a prescription drug with dangerous side effects that the manufacturer was aware of and failed to disclose;
  7. consumers and small business owners who paid an inflated price for a product after a group of corporations conspired to fix prices; and
  8. individuals whose sensitive, private communications were recorded by a corporation without their knowledge or authorization.

Yes. If you invested with Defendants at any time since January 1, 2000, you are a member of the proposed Class. The Class and the proposed Elder Subclass are defined in the Complaint as follows:

The Class
All persons who made one or more investments, from January 1,
2000 through the date when the Class is certified by the Court (the
“Class Period”) with or through Timothy J. LeFever, Kenneth W.
Mattson, KS Mattson Partners, LP, Home Tax Service of America,
Inc. (d/b/a LeFever Mattson Property Management), LeFever
Mattson I, LLC, LeFever Mattson, Inc., Divi Divi Tree, LP, and/or
Specialty Partners (“Defendants”) and who have not received back
all of their capital investment(s) in addition to interest paid and/or
accrued. The Class includes one subclass:

The Elder Subclass
All members of the Class who made one or more investments with
Defendants after reaching the age of 65 years.

No, you do not have to do anything to join the Class or be a part of the case. At the appropriate time in the litigation, the Court will direct that notice of the case be sent to all Class members. Class members will then have an opportunity to “opt-out” of the Class, and pursue recovery individually.

Class action lawsuits are designed to advance several important public policy goals. A class action is often the sole means of enabling persons, even those with serious injuries, to remedy injustices committed by powerful, multi-million dollar corporations and institutions. As stated by former United States Supreme Court Justice William O. Douglas, “The class action is one of the few legal remedies the small claimant has against those who command the status quo.”

In other situations, each person within a large group may have suffered only limited damages and the cost of individual lawsuits would be far greater than the value of each claim. The total damages, however, to the class could be quite large. The wrongdoer would have the incentive to continue its fraudulent conduct but for a class action.

Finally, where the defendant has engaged in a pattern of wrongdoing, a class action can provide an effective remedy for the group without incurring the costs of thousands of separate lawsuits and risking inconsistent decisions by the courts.

If you have further questions, please email clientcontact@lm-lit.com.

Class Action FAQs

As stated above, the parties will report to the court on April 1, 2025 as to the status of the bankruptcy and the parties’ positions as to whether the stay should be lifted. Unfortunately, there is no way to know the timeline for resolving the litigation or when a settlement, if any, would occur. We will update the website with further information as we have it.

No, you do not have to do anything to join the Class or be a part of the case. At an appropriate time in the litigation, the Court will direct that notice of the case be sent to all Class members. Class members will then have an opportunity to “opt-out” of the Class and pursue recovery individually or remain part of the Class.

Not at this time. If you made one or more investments on or after January 1, 2000, with or through Timothy J. LeFever, Kenneth W. Mattson, KS Mattson Partners, LP, Specialty Properties Partners, LP, LeFever Mattson, Inc., LeFever Mattson I, LLC, Home Tax Service of America, Inc. (d/b/a LeFever Mattson Property Management), and/or Divi Divi Tree, your claims are likely already part of the class action. If the Court allows the case to proceed as a class action and you meet the definition of who is in the class, then you (along with all other class members) will be notified and entitled to a portion of any recovery obtained for the class.

We are pursuing the class action on a contingency fee basis. This means we only get paid if we are able to recover money for the class as a whole as a result of our efforts. If we are able to recover for the class, we would then make a request to the judge allowing the firms to be paid a percentage of the total amount recovered, and to be reimbursed for litigation costs. During this process, class members have an opportunity to comment on the requested attorney’s fee to the judge. The judge then determines the exact amount of the attorney’s fee, and the amount recoverable for litigation cost. The attorney’s fee and costs come out of the total amount recovered for the class and is spread equally across all class members, whether they are retained clients or not. The same process applies if the class action attorneys file class proceedings in the bankruptcy.

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LeFever Mattson Bankruptcy FAQs

The Official Committee of Unsecured Creditors (the “Committee”) has hosted a series of investor town halls via Zoom to discuss the process of completing and submitting Proofs of Interest. The following recordings have been made available through the bankruptcy website.

To listen to the above recordings and for more information regarding filing a Proof of Interest or Proof of Claim, please check the Committee website (https://www.veritaglobal.net/lm/info/14065) or email counsel for the Committee (LMCommittee@pszjlaw.com).

The absolute last date you can timely file a claim in the LeFever Mattson bankruptcy is February 14, 2025, at 11:59 pm Pacific Time.

No. The class action is separate from the bankruptcy case, and the class action attorneys do not represent all the members of the proposed class as individual investors in the bankruptcy. Therefore, we are unable to submit Proof of Interest or Proof of Claim forms in the bankruptcy for you.  You will need to submit your own form(s) by February 14, 2025. You should not list us as your lawyers under Part 1, Section 3 of the Proof of Interest form.

Questions about the Proof of Interest or Proof of Claim forms, or the process generally, should be directed to counsel for the Committee: LMCommittee@pszjlaw.com.

The Committee has addressed this question. Please see the bankruptcy website, specifically the “Frequently Asked Questions (FAQ)”, available at https://veritaglobal.net/lm/info/14026.

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Mattson-Specific FAQs

We cannot advise you with respect to your 2024 taxes, and we will not provide tax advice. We recommend you promptly speak to a tax lawyer or advisor with these questions. We note, however, that it is not unreasonable to expect that K-1s will not be delivered on time, and you may need to request an extension from the IRS.

The criminal investigation remains ongoing, and it has been reported that the US Attorney’s Office has empaneled a grand jury. We do not know when or how it will resolve.

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